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Official Opinions


September 2007 Opinions
Please click on Opinion number to view entire opinion.

Opinion # Requestor


07-070 The Honorable Edward T. Scott
Delegate, House of Delegates

No authority for Virginia locality to regulate veterinary medicine within its borders absent specific grant from General Assembly. Ordinance declaring cosmetic alterations of companion animals unlawful exceeds authority granted to locality.

07-006 The Honorable William J. Howell
Speaker, House of Delegates
Local court in limited circumstances may issue order, under § 19.2‑169.2(A) or 19.2‑169.3, authorizing superintendent of regional jail to force individual in his custody to take prescribed medication for treatment of mental illness to restore his competency to stand trial. Court having jurisdiction over such individual’s trial may enter such order to restore competency pursuant to § 19.2‑169.2(A) or 19.2‑169.3. When court previously has entered order to restore competency, any court with jurisdiction may enter such order pursuant to § 37.2‑1101, as limited by § 37.2‑1102(3).
07-057 The Honorable Donald S. Caldwell
Commonwealth's Attorney for the City of Roanoke

Authority for law-enforcement officials to interview health care providers to preserve vital blood samples, gather evidence, and secure chain of custody of evidence for use in trials of suspected cases of DUI maiming or manslaughter. Secondary disclosure by hospital personnel of health records obtained by law-enforcement officials pursuant to valid search warrant incidental to criminal investigation of such cases does not violate privacy requirements.

07-055 Mr. Vincent Burgess, Commissioner
Department of Veteran Services
 ‘Service disabled veteran business’ status may only be granted to business that also qualifies as small business; citizenship requirements similar to those imposed by § 2.2‑4310 on minority-owned and women-owned businesses apply to service disabled veteran business owners.
07-060 The Honorable Ross A. Mugler
Commissioner of the Revenue for the City of Hampton

No inclusion of unrelated resident’s income in calculations to determine whether owner’s residential real estate qualifies for elderly or disabled tax exemption or deferral; income exemption in § 58.1‑3211(1)(b) is not applicable to unrelated resident.

07-044 The Honorable Harry B. Blevins
Member, Senate of Virginia
Virginia Communications Sales and Use Tax Act does not reduce amount of franchise fees owed under existing franchise agreements; no impairment of contract as prohibited by Virginia Constitution. No prohibition against locality collecting balance of unpaid franchise fee liability pursuant to existing agreement.
07-068 Mr. Robert P. Schultze, Director
Virginia Retirement System
Certain information provided to Virginia Retirement System by private entity “relates to” trade secrets of entity and is exempt from disclosure under The Virginia Freedom of Information Act provided private entity meets requirements of § 2.2‑3705.7(25).